Amendment to the F019 listing in Schedule 1 of Regulation 347 (General Waste Management) under the Environmental Protection Act (EPA)
Amendment of Regulation 347
Regulation - LGIC
Bill or Act:
Environmental Protection Act
Summary of Decision:
Regulation 347 (General Waste Management) under the Environmental Protection Act has been amended by excluding, from the F019 listing in Schedule 1 (Hazardous Industrial Waste), a specific wastewater treatment sludge generated by the automotive industry in the manufacturing of motor vehicles. The amendment results in this waste not automatically being defined a hazardous waste; however, automotive manufacturers are still responsible for properly characterizing and managing the waste as required by Regulation 347 and waste disposal sites must be approved to accept this waste.
The amendment also removes a disincentive to using more aluminum in the manufacturing of vehicles, producing lighter vehicles with better gas mileage and decreased exhaust emissions and greenhouse gas emissions. As well, it is in line with the US EPA's delisting of this waste stream which helps maintain the competitiveness of Ontario's automotive manufacturers. Ontario Regulation 233/13 amending Reg. 347 of R.R.O. 1990 (General Waste Management) made under the Environmental Protection Act, came into force upon filing on August 15, 2013.
Summary of Proposal:
The Canadian Vehicle Manufacturers Association (CVMA) and automotive manufacturers requested this exclusion to reflect the changes made to the vehicle manufacturing process and the increased use of aluminum parts and bodies in vehicles over the last several years. These advancements have eliminated or reduced contaminants of concern and produced lighter vehicles with better gas mileage and decreased exhaust emissions and greenhouse gas emissions.
Wastewater treatment sludge from the manufacturing of vehicles with steel parts and bodies does not generate a listed hazardous waste. Under the current regulation, the wastewater treatment sludge generated from the zinc phosphating conversion coating process for aluminum parts and bodies meets the F019 description in Schedule 1 of Regulation 347. In this situation, the waste must be managed in accordance with the hazardous waste requirements in Regulation 347 despite it exhibiting no hazardous waste characteristics.
The ministry required that each facility undertake extensive testing to verify and confirm that the waste stream from each facility did not possess any hazardous waste characteristics. The ministry's technical review of the information and test results confirmed that the wastes from all of the facilities were well below, and in many cases significantly below, Ontario?s hazardous waste characteristic criteria in Regulation 347.
The delisting results in the waste not automatically being defined a hazardous waste; however, facilities are still responsible for properly characterizing and managing the waste as required by Regulation 347 and waste disposal sites that handle and dispose of the waste must be approved to accept this waste.
Ministry of the Environment
Waste Management Policy Branch
135 St. Clair Avenue West
Canada M4V 1P5
August 15, 2013